Common use of Nonperformance by FSMC Clause in Contracts

Nonperformance by FSMC. A. In the event of the FSMC’s nonperformance under this contract and/or the violation or breach of the contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the FSMC and shall have the right to seek all sanctions and penalties as may be appropriate. B. The FSMC shall pay the SFA the full amount of any meal overclaims which are attributable to the FSMC’s negligence, including those overclaims based on reviews or audit findings that occurred during the effective dates of original and renewal contracts. C. In the event either party commits a material breach, the non-breaching party may terminate this agreement for cause by giving _30 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement. D. Notwithstanding the breaching provision above, the SFA may immediately terminate this contract with written notice to FSMC for breach/neglect as determined by the SFA when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to USDA or the state agency to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to: source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.

Nonperformance by FSMC. A. In the event of the selected FSMC’s nonperformance under this awarded contract and/or the violation or breach of the awarded contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the selected FSMC and shall have the right to seek all sanctions and penalties as may be appropriate. B. The selected FSMC shall pay the SFA the full amount of any meal overclaims which over claims that are attributable to the selected FSMC’s negligence, including those overclaims over claims based on reviews or audit findings that occurred during the effective dates of original and renewal of the awarded contracts. C. In the event either party commits a material breach, the non-breaching party may terminate this agreement the awarded contract for cause by giving _30 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement. D. of the awarded contract. Notwithstanding the breaching provision above, the SFA may immediately terminate this of the awarded contract with written notice to selected FSMC for breach/neglect as determined by the SFA when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the awarded contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to USDA or the state State agency to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to: source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.

Nonperformance by FSMC. A. In the event of the selected FSMC’s nonperformance under this awarded contract and/or the violation or breach of the awarded contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the selected FSMC and shall have the right to seek all sanctions and penalties as may be appropriate. B. The selected FSMC shall pay the SFA the full amount of any meal overclaims which over claims that are attributable to the selected FSMC’s negligence, including those overclaims over claims based on reviews or audit findings that occurred during the effective dates of original and renewal of the awarded contracts. C. In the event either party commits a material breach, the non-breaching party may terminate this agreement the awarded contract for cause by giving _30 15_ days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement. D. of the awarded contract. Notwithstanding the breaching provision above, the SFA may immediately terminate this of the awarded contract with written notice to selected FSMC for breach/neglect as determined by the SFA when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the awarded contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to USDA or the state State agency to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to: source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.

Nonperformance by FSMC. A. In the event of the selected FSMC’s nonperformance under this awarded contract and/or the violation or breach of the awarded contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the selected FSMC and shall have the right to seek all sanctions and penalties as may be appropriate. B. The selected FSMC shall pay the SFA the full amount of any meal overclaims which over claims that are attributable to the selected FSMC’s negligence, including those overclaims over claims based on reviews or audit findings that occurred during the effective dates of original and renewal of the awarded contracts. C. In the event either party commits a material breach, the non-breaching party may terminate this agreement the awarded contract for cause by giving _30 60 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement. D. of the awarded contract. Notwithstanding the breaching provision above, the SFA may immediately terminate this of the awarded contract with written notice to selected FSMC for breach/neglect as determined by the SFA when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the awarded contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to USDA or the state State agency to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to: source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.